Limitations on Scope. In recognition of the broad geographic scope of the Company’s business and the ease of competing with the Company in any part of the United States, the restrictions on competition set forth herein are intended to cover the following geographic areas:
(a) The geographic territory identified on the attached Exhibit C;
(b) The cities containing a facility or operation owned or managed by the Company; and,
(c) A fifty (50) mile radius outside the boundary limits of each such city. The parties intend the above geographical areas to be completely severable and independent, and any invalidity or unenforceability of this Agreement with respect to any one area shall not render this Agreement unenforceable as applied to any one or more of the other areas.
Limitations on Scope. County may permit the collection, recycling and/or disposal at any legally permitted designated transfer facility of any of the following materials by persons other than Contractor without seeking or securing any approval from Contractor:
A. Solid waste, C&D and targeted recyclable materials which are transported personally by the owner or occupant of the premises at which they are generated (or by his or her employees) to a permitted transfer, processing and disposal facility;
B. Targeted recyclable materials which are source separated by the generator and donated to youth, civic, or charitable organizations;
C. Recyclable beverage containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq. California Public Resources Code;
D. Animal waste and remains from slaughterhouse or butcher shops, grease waste, and used cooking oil;
E. By-products of sewage treatment Including sludge, sludge ash, grit, and screenings;
F. Hazardous waste, household hazardous waste (during household waste disposal events), and infectious waste with appropriate precautions at an approved infectious waste facility;
G. Source separated E-waste and source separated universal waste, including household batteries, fluorescent light bulbs and mercury switches;
H. Materials generated by governmental facilities (Including public schools which are exempt from the agreement by applicable law), provided that the generator has arranged services with the person collecting same through a separate agreement;
X. Xxxxx waste removed from premises by a gardening, landscaping or tree trimming company, using its own equipment and employees as an incidental part of the total service offered by the company, as opposed to a hauling service.
J. C & D, up to 500 pounds of material per week, that is incidentally removed from a single residential or commercial premises by a duly-licensed construction or demolition company, as part of the total service offered by such licensed company and where the licensed company uses its own equipment and employees.
Limitations on Scope. Because of the present and contemplated future operations of Employer in the geographic areas hereinafter set forth, it is further understood and agreed by the parties hereto that the restriction set forth in Section 7(c) shall apply to a business engaged in the air cargo, air freight, aircraft maintenance or aircraft parts brokering business or businesses in the following geographic areas:
(i) The State of North Carolina;
(ii) The State of Michigan;
(iii) The State of South Carolina;
(iv) The State of Florida;
(v) Any State contiguous with the State of North Carolina;
(vi) Any State contiguous with the State of Michigan;
(vii) Any State contiguous with the State of South Carolina;
(viii) Any State contiguous with the State of Florida;
(ix) Any State east of the Mississippi River; and
(x) Any State of the United States of America. The parties intend the above geographical areas to be completely severable and independent, and any invalidity or unenforceability of this Agreement with respect to any one area shall not render this Agreement unenforceable as applied to any one or more of the other areas.
Limitations on Scope. In the event that the provisions of this Section 9 should ever be deemed to exceed the scope of business, time or geographic limitations permitted by applicable law, or otherwise shall be deemed unenforceable by any law, then such provisions shall be and are hereby reformed to the maximum scope, time, geographic or other limitations permitted by such applicable law. Thal hereby expressly agrees that this Section 9 is a material and substantial part of this Agreement and that (i) the geographic limitations are reasonable; (ii) the time limitations are reasonable; and (iii) after reviewing the presumptions identified in Fla. Stat. Setion 542.335(1), the covenants are not made for the purpose of eliminating competition per se and are reasonably related to a legitimate business interest, as provided in all of Fla. Stat.
Limitations on Scope. Notwithstanding the mutual releases of Sections 1 and 2, Tritel and Xxxxxxxx hereby agree and acknowledge: (i) Tritel's, Xxxxxxxx'x and any other party's rights or obligations under or pursuant to the Transaction Documents; (ii) the ownership by Xxxxxxxx of, and rights of Xxxxxxxx with respect to, 4,500 shares of Class A Common Stock in Tritel which (a) shall continue to be subject to Tritel's Restated Certificate of Incorporation and that certain Stockholders' Agreement by and among AT&T Wireless PCS Inc., Cash Equity Investors and Management Shareholders and Tritel dated as of January 7, 1999, as amended, and (b) shall have the rights and limitations provided by the Transaction Documents, (iii) Xxxxxxxx'x membership interest in, and rights of Xxxxxxxx with respect to Digital;
Limitations on Scope. If any term or provision of this Section 3, or the application thereof, is deemed invalid or unenforceable by reason of its scope or extent, the court, or other body making such determination, shall reduce such scope or extent so that such term or provision is valid and enforceable to the fullest extent of the law. If any term or provision of this Agreement, or the application thereof, is deemed invalid or unenforceable in its entirety, such term or provision shall be severed from the Agreement, and the remaining provisions shall remain in full force and effect. If any term or provision of this Agreement is deemed invalid, or unenforceable, as applied to a particular person or circumstance, the application of such term or provision to other persons or circumstances shall not be affected thereby, and shall remain valid and enforceable to the fullest extent of the law.
Limitations on Scope. County may permit the collection, recycling and/or disposal at any legally permitted waste disposal facility of any of the following materials by persons other than Contractor without seeking or securing any approval from Contractor:
A. Solid waste and targeted recyclable materials which are transported personally by the owner or occupant of the premises at which they are generated (or by his or her employees) to a processing or disposal facility;
B. Targeted recyclable materials which are source separated by the generator and donated to youth, civic, or charitable organizations;
C. Recyclable beverage containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq. California Public Resources Code;
D. Animal waste and remains from slaughterhouse or butcher shops, grease waste, and used cooking oil;
E. By-products of sewage treatment including sludge, sludge ash, grit, and screenings;
F. Hazardous waste, household hazardous waste (during Household Waste Disposal Events), and infectious waste with appropriate precautions at an approved Infectious Waste Facility;
G. Source separated E-waste and source separated universal waste;
H. Materials generated by governmental or institutional facilities (including public schools), provided that the generator has arranged services with the Contractor through a separate agreement;
I. The incidental removal of solid waste when the primary service performed is either of the following:
1. Landscaping, gardening, weed or refuse abatement, yard clean-up, or grading of a lot; or
2. Construction, remodeling, or demolition of a building or structure.
Limitations on Scope. Because of the current and contemplated future operations of Employer in the geographic areas hereinafter set forth, it is further understood and agreed by the parties hereto that the restriction set forth in paragraph 7(c) shall apply to a business operation engaged in the following geographic areas:
(i) The State of North Carolina;
(ii) The State of New York;
(iii) The State of California;
(iv) The State of Texas;
(v) Any State contiguous with the State of North Carolina;
(vi) Any State contiguous with the State of New York;
(vii) Any State east of the Mississippi River;
(viii) Any State of the United States of America. The parties intend the above geographical areas to be completely severable and independent, and any invalidity or unenforceability of this Agreement with respect to any one area shall not render this Agreement unenforceable as applied to any one or more of the other areas.
Limitations on Scope. Agency may permit the Collection, Recycling or Disposal of any of the following materials by Persons other than Contractor without seeking or securing any approval from Contractor:
A. Solid Waste, Targeted Recyclable Materials, and Organic Materials which are transported personally by the Owner or Occupant of the Premises at which they are generated (or by his or her employees) to a processing or Disposal facility;
B. Targeted Recyclable Materials and Organic Materials which are Source Separated by the Generator and donated to youth, civic, or charitable organizations;
C. Recyclable beverage containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq. California Public Resources Code;
D. Animal waste and remains from slaughterhouse or butcher shops, grease waste, and used cooking oil;
Limitations on Scope. Notwithstanding Section 8.1(a), the Manager shall have no responsibility for, or authority over, decisions relating to the marketing, sale or pricing of the tantalum capacitor Products or any customer relations with respect to tantalum capacitor Products.
